Texas Court: Section of Chapter 90 Unconstitutional When Applied Retroactively

HOUSTON -- A Texas appellate court has held that a section of the state's legislation establishing minimum medical criteria requirements for asbestos and silica claimants is unconstitutional when applied retroactively in the case of a former Union Carbide employee. Union Carbide Corp. v. Synatzske, et al., No. 01-09-01141-CV (Texas 1st Dist. Ct. App.).

In a 58-page opinion released earlier today, the 1st District Court of Appeals found that Chapter 90's requirement of a pulmonary function test was unconstitutional since the decedent's exposure and death occurred before the statute was enacted.

"Because a pulmonary function test could not be performed …